People v. Webb

Citations

• 38 Cal. 467

Syllabus

<p>Constitution—Construction of__The settled construction of a constitutional provision made before its adoption into the Constitution of this State should ho held as the just interpretation thereof.</p> <p>Constitutional Law—Criminal Law.—If a party charged with an offense has been once acquitted by the verdict of a jury, he cannot he held to answer again for the same offense, no matter by what mistakes or errors on the part of the Court, jury or prosecution the acquittal was obtained.</p> <p>Idem.—If a party is once placed upon his trial before a competent Court and jury, upon a valid indictment, the “jeopardy” attaches, to which he cannot again be subjected, unless the jury he discharged from rendering a verdict by a legal necessity, or by Ms consent; or, in case a verdict is rendered, it be set aside at his instance.</p> <p>Construction of Common Practice Act.—By the just interpretation of that provision of the statute which gives to the people the right of appeal in criminal cases, it must he confined only to such cases in which errors in the proceedings may occur before legal jeopardy has attached to the accused.</p>